• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to submitting an appeal of an appeal denied.

Choose a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits when it can be established that your condition is directly related to your military service. This is called a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a nexus letter from current health care providers (especially in the case of mental health problems). Sometimes, veterans disability lawsuit suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence that is backed by independent experts.

It is easier to establish a direct service connection when illnesses or injuries were sustained while serving in the military. If you've been injured while in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to be connected if you suffer from an existing medical condition that became worse during your time in the military. To show that your time in service aggravated or worsened a pre-existing health condition, you'll have to present medical evidence from an expert that is "clear and undeniable".

Appealing an Denial

After submitting an application and providing medical evidence after which the VA will examine the case. It typically issues a decision which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can guide the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience and the tradition of the armed services when selecting a New York veterans' disability lawyer. This can make things easier for you and reduce the need to describe your experiences and experiences in layman's terms.

You want a firm who will handle your case throughout the long appeals process. Beware of firms who only assist you in the initial stages of your case, and then disappear.

An experienced New York veterans' disability attorney can assist you through all stages of the claim and appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to claim benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.

How to get a higher rating

There may be a point when your disability becomes more serious, or your symptoms get more difficult or wider. In that situation, it makes sense to ask for an increase in your rating. A veteran disability lawyer can assist you with this process, and also help you gather evidence to support your claim.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. If they overlook an injury you've suffered or ignore a condition that could be linked with other disabilities to receive higher ratings, it's worth having a professional look over your records to spot any mistakes.

Even if it's been more than one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. These include a review of your entire file that could lead to changes to your effective date, as well as a new rating more accurate to your personal feelings.

It's also worth seeking an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help build a strong case for this rating that is reserved for the most serious disabilities. A mental health condition like this one, for instance, may qualify you for a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations that don't normally trigger this level for a heart issue or other medical condition.

Need Help with the Appeals Process

Contrary to what many believe contrary to what many may think, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former veteran has a year from the date that their local veterans hospital or office mails them an unfavorable determination to file an appeal.

An experienced veterans disability attorney can assist a vet in determining which of the three appeal options would be the most appropriate for his situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran an extra formal hearing front of a Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They also have extensive experience in managing VA disability claims, and they are aware of the rules and procedure in detail. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This creates a unique type of empathy that may help improve the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us today to arrange an appointment for a free evaluation.